Case Type
Holdover-Licensee
Housing Type
Other
Court
Civil Court of the City of New York
County
Queens County (Queens)
L&T / Index / Case / Docket / Clerk's Number
LT-304456-24/QU
Petitioner
SYED WAQAR HUSSAIN
Respondent
VIOLA NELSON; "John" "Doe 1" (Salim Blake); "John" "Doe 2"; "Jane" "Doe 1"; "Jane" "Doe 2"
Judge
Tovar, Bryant
Decision/Order Date
2025-10-21
Posture
Pre-answer Motion by Tenant
Disposition
Motion Granted for Tenant
Winner
Tenant Substantially Won
Synopsis
The landlord commenced a holdover proceeding against the tenant, classifying them as a licensee following a foreclosure. The tenant moved to dismiss, arguing the termination notice was defective. The court determined the tenant, a former owner who sold the property to an entity that later faced foreclosure, was actually a tenant at sufferance, not a licensee. As such, the tenant was entitled to a 30-day notice of termination under RPL § 228, not the 10-day notice issued under RPAPL § 713. The court granted the tenant's motion to dismiss the proceeding without prejudice due to the improper predicate notice.
Keywords
Tenancy at Sufferance; Tenants at Sufferance Entitled to 30 Days' Predicate Notice Under RPL § 228
Recommended Citation
"Hussain v. Nelson" (2025). All Decisions. 2053.
https://ir.lawnet.fordham.edu/housing_court_all/2053
